Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new...more

A client in North Carolina recently asked me whether it was lawful to fire an employee for smoking marijuana. “Of course,” I replied. She then added another fact: the employee had been on vacation in Colorado and returned...more

In a case which has been monitored by employers nationwide, the Colorado Supreme Court upheld an employer’s decision to terminate an employee for testing positive for tetrahydrocannabinol (THC), in a random drug test....more

Could loosening the criminal sanctions on the possession, cultivation and sale of marijuana in California save a significant amount of money for the state, cities and taxpayers while boosting tax revenue?...more

On Feb. 10, 2015, Bill Berger and Matt Arentsen led a roundtable discussion at the Hospitality Law Conference in Houston, Texas. Speakers and attendees at the conference represented a broad spectrum of hospitality industry...more

The dramatic inconsistency between federal and state law with regard to the use of marijuana may mean that employers with zero tolerance policies for marijuana use will face an increasing likelihood of litigation over the...more

On November 4, 2014, Oregon joined Colorado and Washington when voters approved a state initiative legalizing the recreational use of marijuana (Alaska passed a similar law the same day). As of July 1, 2015, it will no longer...more

Details from Each Chamber:
HOUSE -
The House worked through the Calendar this week, giving third reading to various bills on Tuesday. During the Majority Caucus meeting, the Speaker told the members that both...more

As states, including California, continue to grapple with the medical marijuana/decriminalization question, scientific evidence continues to trickle in concerning the negative health effects of marijuana use. According to...more

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

Employers are not required to accommodate an employee’s current use of illegal drugs, including marijuana. Moreover, under the Americans with Disabilities Act, an employer can prohibit the illegal use of drugs (including...more

Despite the unsettled nature of federal enforcement of the federal criminal drug laws in the context of state medical marijuana laws, the Nevada Legislature enacted Senate Bill No. 374 during its recently completed 77th...more

On August 1, 2013, Illinois Governor Pat Quinn signed into law the Compassionate Use of Medical Cannabis Pilot Program Act, making Illinois the 20th state to legalize medical marijuana. This law goes into effect on January 1,...more

On November 6, 2012, Colorado voters passed Amendment 64 to the Colorado Constitution by a 55 to 45 percent margin, making Colorado one of the first states in the nation to legalize the recreational use of marijuana. Prior to...more

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